Keith Gregory v. United States

Following convictions on one count of violation of 18 U.S.C. § 1349 (conspiracy to commit mail fraud), one violation of 18 U.S.C. § 1343 (wire fraud) and one violation of 18 U.S.C. § 1341 (mail fraud), the trial court sentenced Petitioner Keith Gregory to 120 months. All witnesses testified that Gregory was shielded from knowledge of the criminal enterprise, yet the trial court labeled him the “linchpin” and assessed a loss value of $60 million, a number pulled out of thin air without supporting evidence. Gregory then received a significantly longer sentence than others the jury found far more culpable and who had received millions of dollars. THE QUESTIONS PRESENTED ARE:

1. Was Petitioner Gregory’s sentence unconstitutionally disproportionate to the co-defendants and to the amount of the loss because the lower courts never calculated the amount of loss?

2. Was Gregory’s sentence unconstitutionally disproportionate to the co-defendants because it was based upon the false assumption that he was the “lynchpin” of the alleged conspiracy?

3. Was Gregory’s sentence unconstitutional given that he received a total of only $68,640.00 from the alleged conspiracy?

4. Was Gregory’s sentence unconstitutional because the trial court refused to apply the mitigating factors that would have properly reduced his sentence to a maximum of 18 to 24 months?